'Convicts Are No Less Humans': Karnataka High Court Extends Parole Leave Of Convict To Get Treated From Doctor Of His Choice

While doing so, Justice Krishna S Dixit observed,

"A Writ Court cannot turn a blind eye to the human problems and the convicts are no less the humans, merely because they are put behind the bars for serving the sentence and thereby purging the guilt."

The petitioner, Pankaj A. Parek, who is spending time in jail on charges of forgery had approached the court seeking extension of his parole leave.

The prosecution had opposed the plea on the grounds that petitioner has already been granted parole twice on two different grounds and therefore, he cannot be granted extension any more.

At the outset, the court observed that the offences for which the petitioner was convicted are not grave in nature. Further, the two parole leaves were granted after verifying his credentials and he has not violated the parole conditions.

So far as the plea for extension of parole leave on medical grounds is concerned, the Court noted that the Petitioner had in fact contracted certain ailments, as substantiated by the Medical Records/Certificates of a Government Hospital.

In this backdrop, the Court observed,

"Petitioner seeks to have medical treatment at the hands of doctors of his choice, had he contracted these ailments in the jail, perhaps, the jail authorities would have arranged for such medical treatment is true. When ailments are contracted when he is outside the gaol on parole, denying the services of doctors of his choice would not be just & reasonable."

The petitioner also submitted that the period enjoyed by the convict on parole would be added to the period of imprisonment and thus, he will not have the discount of jail term. An undertaking was also given to the court that petitioner would not seek parole/furlough again.

Accordingly, the Court directed the authorities to extend the parole leave for 10 days.

Case Title: Pankaj A Parek v. The Inspector General Of Police

Case No: Writ Petition No.22184 of 2021

Date Of Order: 4th Day of December, 2021

Appearance: Advocate Rahamathulla Kothwal, for Petitioner; Advocate Vinod Kumar M, for Respondents

Click Here To Read/Download Order